Where a magistrate has expressed doubt as to whether a summons has been served, the deeming provision in s 63(4) of the Justices Act 1902 (NSW) does not operate and the magistrate must not proceed to hear the matter in the defendant's absence. It is an error of law for a court to use an amalgam of statutory procedural sections. On a Crown appeal against sentence under s 131AB of the Justices Act, the District Court must take the element of double jeopardy into account, and must afford the respondent a reasonable opportunity to prepare and present their case, including hearing counsel who seeks to raise further matters before judgment is pronounced.
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